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The IRA has expanded the eligibility to claim the “full” existing energy investment tax credit (ITC) described in Section 48 of the Internal Revenue Code of 1986, as amended (Code), to certain projects that previously only qualified for a reduced ITC or did not qualify at all, including:
As amended by the IRA, Section 48 of the Code defines “energy storage technology” as: (1) a property that receives, stores, and delivers energy for conversion to electricity or storage and has a minimum nameplate capacity of five kilowatt hours and (2) “thermal energy storage property.”
The term “thermal energy storage property” is defined as a property in a system that
(1) is directly connected to a heating, ventilation, or air conditioning system,
(2) removes heat from or adds heat to a storage medium for subsequent use, and
(3) provides energy for the heating or cooling of the interior of a residential or commercial building.
“Thermal energy storage property” does not include “(I) a swimming pool, (II) combined heat and power system property, or (III) a building or its structural components.” Additionally, the credit for energy storage technology under this section only applies to projects on which construction begins before December 31, 2024. However, at that point, a credit under I.R.C. § 48E for energy storage technology becomes available.
The IRA Extends the existing energy investment tax credit for applicable energy projects. This tech-specific ITC ends in 2024 for most technologies and is replaced by the new tech-neutral Clean Electricity ITC (48E), which begins in 2025 (as per above).
Under the IRA, the full Section 48 Credit, i.e., the 30% energy ITC, will be available to combined heat, power system property, energy storage technology, and waste energy recovery projects that begin construction before Jan. 1, 2025.
Meanwhile, ground and groundwater heating and cooling equipment projects that begin construction before Jan. 1, 2035, will also be eligible for the full Section 48 Credit, subject to a phase-out for such projects where construction does not begin until after Dec. 31, 2032.
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